APHC010414142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8407/2025 Between: Kommathoti Ratna Kumar ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: V. Surya Kiran Kumar Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: The Criminal Petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner on pre-arrest bail in Crime No.629 of 2024 of Nallapadu Police Station, Guntur District, registered against the Petitioner herein for the offences punishable under Sections 318(4), 338, 340(1) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 2. The facts in brief, as presented by the prosecution, are that complainant owns a site measuring an extent of 1.83 acres at Gorantla Village, registered in the name of his wife, Padmaja, under Document No.5304/2006 of the Guntur Joint Sub-Registrar Office dated 24.04.2006. The complainant's wife Padmaja passed away on 28.02.2022, after which he decided to transfer the said land to the names of his children. A few days prior to lodging the complaint, he obtained the Encumbrance Certificate (EC) and was shocked to find that the property had been registered in the name of one Chinathareddy Maheswara Reddy on 07.10.2023. Upon further inquiry, it came to light that Accused Nos.1 to 4 and others had allegedly created 18 fake documents resembling genuine ones, using impersonators acting as the original landowners, thereby cheating the complainant. Hence, the complainant approached the police station and lodged the present report seeking necessary legal action. 3. Heard learned counsel for the Petitioner and the learned Public Prosecutor. 4. Sri V. Surya Kiran Kumar, the learned counsel for the Petitioner, submits that the Petitioner has not committed any offence; he was falsely implicated in this case; the allegations against the petitioner are vague and police have not collected any admissible/inadmissible evidence to connect the petitioner with the alleged offences; he is the sole bread winner of his family; 3 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 he is ready to abide any conditions to be imposed by this Court. Hence, it is urged to grant pre-arrest bail to the petitioner. 5. Per contra, Ms.P. Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting pre-arrest bail stating that investigation is not yet completed. If the petitioner is granted pre-arrest bail, he will not be available for the investigation. It is further submitted that the petitioner, with the active assistance and involvement of 16 other accused persons, created several General Power of Attorney (GPA) documents, which were fraudulently registered by impersonating one K. Padmaja, (deceased). Accused No.2 allegedly impersonated the deceased K. Padmaja, and the fact that both shared the same name was exploited to perpetrate the fraud. It is further contended that the petitioner, being a responsible Sub-Registrar, conspired with the other accused and facilitated the impersonation of the deceased K. Padmaja by Accused No.2. A total of 18 GPA documents were created and processed through the petitioner. It is also submitted that Accused Nos.2 and 3 confessed that Accused Nos.18 and 19 demanded bribes from them for processing the applications and registering the GPA documents. The present Petitioner/Accused is the Sub-Registrar of Narasaraopeta. 6. Perused the record. 4 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 7. The petitioner is working as Sub-Registrar at the Sub-Registrar Office, Narsaraopet, Guntur District. As seen from the record, the District Registrar, Palnadu, issued a press note clarification on 25.07.2025, which remains undisputed. It was stated therein that the documents registered at the Koretipadu Sub-Registrar Office were processed in accordance with the procedure prescribed under the Registration Act. However, it was also informed that an enquiry is ongoing against the staff of the Sub-Registrar Office, Narasaraopet, and if any illegalities or irregularities are found in the course of the enquiry, appropriate action would be taken against the concerned Sub-Registrar and the in-charge Registrar. So far, the petitioner has been arrayed as Accused No.19. Upon perusal of the complaint lodged by the de facto complainant, it is noted that a total of 21 persons have been named as accused, and the petitioner is mentioned as the 17th individual in that list. The specific allegation against the petitioner is that he conspired with other accused persons and facilitated the registration of 18 General Power of Attorney (GPA) documents. It is further alleged that the accused persons conspired to impersonate one K. Padmaja (deceased) as Accused No.2, who shares the same name, and used that to register the said GPAs. 8. The learned counsel for the petitioner submits that the petitioner has maintained an exemplary track record throughout his service. As a Sub- Registrar, the petitioner is vested with quasi-judicial powers and, while entertaining any registration, he is bound to follow the procedure and 5 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 regulations prescribed under the Registration Act. Except the confessional statements of Accused Nos.2 and 3, which refer about Accused Nos.18 and 19, both officials of the Registration Department, there is no other material available on record against the petitioner. The petitioner is a public servant with a fixed place of residence. Therefore, the apprehension that he may abscond or flee from the process of law does not arise. 9. The petitioner is presently functioning as the Sub-Registrar of Narsaraopet. This Court, in Crl.P.No.7936 of 2025 dated 04.08.2025, granted pre-arrest bail to M. Adinarayana Reddy, who was then the Sub-Registrar of Nallapadu Sub-Registrar Office, and also, in Crl.P.No.8097 of 2025 dated 12.08.2025, granted pre-arrest bail in favour of P. Karimulla Khan, the then Sub-Registrar of Narsaraopet. The petitioner’s name is not mentioned in the FIR. 10. Considering the nature of the allegations leveled against the petitioner and the alleged role played in this case by the petitioner in this case, this Court feels it appropriate to grant pre-arrest bail to the petitioner, being a government servant. 11. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of her arrest, the Petitioner/Accused shall be enlarged on bail subject to he executing a bond for a 6 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make himself available for investigation as and when required; iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. _______________________ DR. Y. LAKSHMANA RAO, J Date: 19.08.2025 KMS 7 Dr.YLR, J Crl.P.No.8407 of 2025 Dated 19.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8407 of 2025 Date: 19.08.2025 KMS